quiz 10 Germany, Spain, Italy, Japan Flashcards
2 conceptual foundations of the Basic Law of Germany 1949. Are the foundations supra constitutional?
Article 79.3 = SUPRA CONSTITUTIONAL
a. Federalism → prevent abuse of central executive power
b. Preeminence of Human Rights
May the Länder have constitutional Courts that protect these values?
Article 31C: federal laws»_space; land laws
Länder constitutions: provisional fundamental rights
Do decisions of the FCC prevail over LänderCC?
Yes. Protection of fundamental rights guaranteed under the Federal Constitution is only guaranteed by the FCC.
What are the names of the houses and term lengths of the parliamentary houses of Germany, Spain, Italy?
Germany: Parliament/Reichstag
a. Bundesrat (Upper House): no term limits, 69 members representatives from 16 länders
b. Bundestag (Lower House): elected 4 year terms, minimum of 598 members, (735)
Spain: Cortes Generales
a. Senado (Upper House): 4 year terms, 266 members
b. Congreso los Diputados (Lower House): 4 year terms, 300-400 members
Italy: Parlamento Italiano
a. Senato della repubblica (Upper House): 5 years, 200
b. Camera dei Deputati (Lower House): 5 years, 400
How are the HoS, HoG elected?
Germany:
a. HoS: Federal Convention = Bundestag + Länder
- Chancellor not responsible before him /MONIST/
- has dissolution powers
- limited nomination powers
b. HoG: Chancellor (head of the majority party)
- elected by Bundestag after proposal by FP
- legislative initiative
- can nominate ministers without parliamentary approval
Spain:
a. HoS: Monarch → Hereditary
b. HoG: King proposes candidate → Congress of deputies votes confidence
Italy:
a. HoS: President of the Republic → electoral college
b. HoG: President of Council → appointed by HoS
What is the particularity of the vote of no confidence?
Germany: Constructive Vote of No Confidence
Bundestag → only when successor is clear → to prevent governmental instability
1982 Chancellor Helmut Schmidt with Helmut Kohl
Spain: Constructive Vote of No Confidence
Congress of Deputies → only when they present a PM, has absolute majority
Congress can recall the government. 1/10 of deputies, include candidate
Belgium:
For a constructive vote, the Belgian House of Representatives must designate a new Prime Minister who has majority support to replace the current one.
Regular no-confidence vote without a replacement can be passed=triggering the resignation of the government.
Difference between Bund & Länder and Cortes Generales & autonomous communities?
Germany: federal state.
each Länder has own Constitution, parliament, constitutional courts
adoption of laws include federal and lander participation
Spain: unitary state with a high degree of decentralization
constitution based on indissoluble unity of Spanish nation
recognizes and guarantees right to self government of NATIONALITIES but UNITY OF NATION
NO power sharing mechanisms other than proportional elections
NO regional constitutions
Article 155 , Catalonia 2017, invoke autonomy if against national interests
In what ways may the Bundesrat protect the prerogatives of the Länder?
a. Legislative Veto Power: may veto federal laws contrary to Länder constitutional powers
b. Amendments to basic law requires ⅔ in both bundestag and bundesrat→ Länder consent is essential for constitutional changes
c. Direct representation appointed with an obligatory mandate
- fédération
- matters concerning EU
How does the additional member system electoral system participate in the de facto majoritarian government in Germany?
- Two Votes per Citizen:
–> 1st Vote: For an individual candidate elected through first-past-the-post (FPTP).
–> 2nd Vote: For a political party, determining seats through proportional representation (PR). - Legislative Composition:
–>50% of Bundestag members are elected via FPTP (1st vote).
–>50% are allocated based on PR (2nd vote).
Majoritarian Effect:
- Although designed for proportional representation, AMS often produces majoritarian outcomes, as the two votes are often cast for the same party, reinforcing dominant parties.
Coalition Structuring:
- AMS allows for stable coalition formation by balancing representation with governance.
- Grand coalitions (majority-led coalitions) are frequent, especially among the major parties SPD, FDP, CDU, and CSU.
- Since 1966, Germany has had four grand coalitions, demonstrating the tendency toward majoritarian governance.
Legitimacy Through Proportionality:
Proportional representation in the 2nd vote adds legitimacy to the system by including smaller parties, balancing majoritarian governance with broader representation.
In essence, AMS combines FPTP and PR, enabling strong, stable majoritarian coalitions while maintaining proportional representation to reflect voter diversity.
How does the distribution of seats in the Spanish parliament show greater dispersion in spite of the proportional list electoral system?
Proportional list election system: parties make list of candidates to be elected → seats are distributed by elections authorities to each party in proportion to # of votes received
In Spain, despite having a proportional list electoral system, the distribution of seats in parliament has historically shown limited dispersion due to near-majoritarian dynamics.
Since the transition from the Francoist regime, two main parties—the PSOE (socialists) and a conservative party (usually the PP)—have dominated the Congress of Deputies.
The 2015 elections led to a hung parliament bc conflicting agendas. In response, Spain shifted to a system of confidence and supply, where opposition parties agree not to oppose the minority government on key votes but reserve the right to oppose other legislation.
Despite recent representational challenges, the Spanish system remains efficient, thanks to a variety of legislative instruments (constitutional, organic, and ordinary laws, etc.) and mechanisms for citizen participation like referenda.
Why is the Italian parliamentary regime unstable? Did the December 2016 Referendum change this regime? What has PM Meloni proposed to stabilize the regime?
Italian politics has long been marked by instability and high government turnover, mainly due to political fragmentation and a perfectly bicameral legislature (both chambers have equal legislative power). The country’s electoral system was historically hyper-proportional, leading to numerous parties and frequent minority coalitions, which are often unstable as they rely on alliances between competing parties.
The 1993 electoral reform, which introduced a mixed system with elements of first-past-the-post (FPTP), aimed to curb fragmentation by reducing the influence of minor parties. However, instability has persisted due to underlying political rivalries and structural challenges
The December 2016 referendum proposed constitutional changes to weaken the Senate and streamline governance, but it was rejected. As a result, Italy retained its perfect bicameralism and continued to face the challenges of coalition-driven governance.
Which element do you find more important to the constitutional identity of Japan: a/parliamentary regime, b/ article 9C? Did the October 2024 snap elections show a change in Japan’s political system?
Article 9
1. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.
2. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.
→ because Article 9 was legislated in deep reflection of Japan’s war of aggression and colonial rule. Therefore, Article 9; the renunciation of war, and the prohibition of maintaining any war potential, is Japan’s pledge and vow to the people of Asia, the Pacific, and the world, to never again repeat its mistakes. By keeping this core rule in the constitution, Japan can swear that Japan seeks a peaceful without cruel wars as the only country that has experienced being dropped the Atomic Bombs and since the constitution is recognized by foreign countries as well, Japan can appeal its stance to the foreign countries.
